JUDGMENT :

Md. Mumtaz Khan, J.

1. Appellant has preferred this appeal assailing the judgment, order of conviction and sentence dated April 30, 2005 passed by the learned Additional Sessions Judge, 1st. Fast Track Court, Malda in Sessions Trial No. 4(5) of 2003 arising out of Sessions case No. 79 of 2003 thereby convicting the appellant for the commission of the offence punishable under Section 376 of the Indian Penal Code(hereinafter referred to as IPC) and sentencing him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,000/- in default to suffer simple imprisonment for six months more.

2. On June 20, 1991 P.W.1 lodged a written complaint (Ext.1) scribed by one Farid Ali before the officer in charge, English Bazar P.S., Malda alleging that on June 12, 1991 at about 4/5 PM when her minor daughter aged about 11 years went to fetch water from tap beside their house then at that time appellant forcibly took her away and raped her. Thereafter, local people got her daughter admitted to the Railway Hospital in bleeding condition. As he was away for some work he could not inform the incident to police in time.

3. On the basis of the above written compliant of P.W.1 Engl